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(영문) 청주지방법원 2015.07.09 2014가합3259
물품대금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. The plaintiff's summary of the plaintiff's assertion : HR SKSP 3.8T*456WS 400 km 750 km 650 km 750 km 130206-003-03-013 March 8, 13, 196 HRP 4.2T*431WS 400 km 750 km 450 km 130206-03-03-03-02 March 8, 13.

On February 6, 2013, the Plaintiff entered into the instant first goods contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) to supply steel cryp as indicated below:

B. In addition, on September 25, 2013, the Plaintiff entered into the instant secondary goods contract with Defendant A, separately from the instant first goods contract, to supply the steel scrap as indicated below to Defendant A.

Coil (S400) 3.8T*406 km 100,000 75,000,000 won as of October 2013, 2013 (S400) 3.8T*344 km as of October 2013.

C. However, Defendant A, in accordance with the instant secondary goods contract, accepted the iron 103,560 g of 103,560 g and paid the price thereof. However, Defendant A, among the steel cots of 1,00,000 g produced by the Plaintiff pursuant to the instant primary goods contract, refused to accept only 865,480 g of 989,680 g, excluding 110,320 g, which was agreed between the Plaintiff and the said Defendant to sell to the other transaction parties, and refused to accept the remaining 124,20 g.

The plaintiff is obligated to provide the performance of the iron coin in accordance with the instant first goods contract by completing the cocoin production of 124,200 g which was not accepted by the plaintiff and keeping it for the defendant A to receive it. The defendant B and the defendant C are jointly and severally liable to pay the plaintiff 102,465,00 won (=124,200 g x 750 cm) for the steel coin price of 124,200 g which the defendant A did not accept by the defendant A and the defendant A to the plaintiff within the limit of 600,000 won.

2. The judgment of the court below is based on the descriptions and images of Gap evidence 2, Gap evidence 3-1 to 6, Gap evidence 4-1 to 4, and Gap evidence 6-9. This part of this case is the case.

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